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(영문) 서울중앙지방법원 2016.11.03 2016가합521230

해고무효확인

Text

1. We affirm that the Defendant’s disciplinary action against the Plaintiff on March 8, 2016 against the Plaintiff is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

(a)be to become Vice-Speakers of the Council and acting for the Chairman of the Federation according to the order of the appointing and extending person;

Article 36 (Composition) (1) A Secretariat shall be established in the headquarters to carry out the affairs and objective business of the defendant.

(2) The Secretariat shall have a secretary general.

(5) Matters concerning the appointment and dismissal of the secretariat staff shall be governed by the separate provisions.

* The purpose of Article 1 (Purpose) of the Act on Acting Judge is to prescribe matters concerning acting on behalf of the defendant in order to have no official vacancy and to clarify the responsibility of the defendant.

Article 2 (Scope of Application) The scope of Acting Judge (hereinafter referred to as "agency") shall be as follows:

(1) The National Federation Chairperson, Secretary General, director general, vice-director general, and director general shall apply.

(2) The scope of absence from office means absence, business trips and vacations (including overseas business trips), temporary retirement, removal from position, or other accidents for at least five days.

Article 3 (Ex Officio Representation) (1) A public notice of the National Federation Chairperson shall be represented by the Vice-Chairperson or the Secretary-General designated by the National Federation Chairperson.

* The purpose of Article 1 (Purpose) of the Organization Regulations is to prescribe the organization, duties and functions of the Secretariat of Defendant under Article 36 (5) of the Articles of Incorporation.

Article 2 (Secretariat) (1) The Secretary General shall be assigned to the Secretariat.

(2) The Secretary General shall take charge of the Secretariat and direct and supervise its employees.

Article 3 (Subordinate Organizations) (1) A planning office, public relations office, organizational headquarters, administrative headquarters, research institute, and financial team shall be established in the secretariat of the headquarters.

*Article 22 (Release from Position) (1) of the Personnel Regulations may not assign a position to a person who falls under any of the following subparagraphs through a resolution of the Personnel Committee:

1. When he is unable to perform his duties for a long time due to physical or mental disorder;

2. A person who lacks ability to perform his duties or whose performance record is extremely poor;

3. A person for whom a resolution on disciplinary action is requested;

4. A person who is prosecuted for a criminal case in connection with personal corruption;

5. The Disciplinary Committee of Article 27, which is deemed to considerably lack the ability to direct and supervise his/her employees.